FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by

FINAL DECISION

Judith Barton,  

Complainant

 

against

Docket #FIC 1996-257

Commissioner, State of Connecticut, Department of Administrative Services; and Commissioner, State of Connecticut, Department of Labor,  

Respondents

March 19, 1997

The above-captioned matter was heard as a contested case on December 20, 1996, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. This matter was consolidated for hearing with contested case docket #FIC 1996-311, Judith Barton v. Commissioner, Department of Administrative Services, State of Connecticut.

After consideration of the entire record, the following facts are found and conclusions of law are reached:

1. The respondents are public agencies within the meaning of 1-18a(a), G.S.

2. By letter dated June 9, 1996 to the respondent, Commissioner, Department of Labor ("DOL"), the complainant requested that she be provided with access to the following:

written justifications provided to the affirmative action administrator of the DOL in hiring all durational project managers now working for DOL;

the race, sex and current hometown of each durational project manager;

the race, sex and hometown in the field of candidates from which they were chosen;

resumes and other background information including employment applications of the successful candidates and their salaries;

letters sent to durational project managers offering them employment with the DOL;

which tests durational project managers took to qualify for their positions and their scores on those examinations; and,

the job specifications for durational project managers.

3. By letter dated June 10, 1996 to the respondent, Commissioner, Department of Administrative Services ("DAS"), the complainant requested that she be provided access to the following:

the number of durational project managers working for the state;

the number of durational project managers working at each state agency;

the salary range for durational project managers statewide;

the type of test applicants for durational project manager positions take to qualify for their positions; and,

the job specifications for durational project managers.

4. By letter dated June 24, 1996, and filed on June 25, 1996, the complainant appealed to the Commission alleging that the respondent, Commissioner, DAS, violated the Freedom of Information ("FOI") Act by failing to respond to her request for public records, and that the respondent labor commissioner violated the FOI Act by failing to provide affirmative action information and the home address of one individual.

5. With respect to the complainant’s request to the respondent, Commissioner, DOL, identified in paragraph 2, above, the complainant concedes that she received all requested records from him in a timely manner, with the exception of affirmative action information on durational project managers and the hometown of one project manager, who had objected to such disclosure as a matter of personal privacy.

6. It is found that the respondent Commissioner, DOL, does not maintain affirmative action information on durational project managers.

7. It is also found that after having been duly notified of the complainant’s request for personal home address information contained in his personnel file, a Mr. Dissette initially objected to such disclosure as an invasion of his personal privacy. However, prior to the hearing into this matter, Mr. Dissette waived his objection to such disclosure, at which time the labor commissioner promptly provided such address to the complainant.

8. With respect to the complainant’s request to the respondent, Commissioner, DAS, identified in paragraph 3, above, it is found that by letter and enclosures dated June 26, 1996, the respondent, Commissioner, DAS, responded with all records responsive to the complainant’s request.

9. It is concluded that no substantive issues remain in dispute in this case.

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

1. The complaint is hereby dismissed.

Approved by Order of the Freedom of Information Commission at its regular meeting of March 19, 1997.

__________________________
Elizabeth A. Leifert
Acting Clerk of the Commission

PURSUANT TO SECTION 4-180(c), G.S., THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

THE PARTIES TO THIS CONTESTED CASE ARE:

Judith Barton
PO Box 476
Northford, CT 06472

Commissioner, State of Connecticut, Department of Administrative Services; and Commissioner, State of Connecticut, Department of Labor
c/o Thomas P. Clifford, III, Esq.
Assistant Attorney General
PO Box 120
Hartford, CT 06141-0120

__________________________
Elizabeth A. Leifert
Acting Clerk of the Commission
FIC1996-257/FD/eal/03251997